Sept. 25, 2009
Justice O'Connor Speaks at Judicial Review Event
During an event today celebrating the 200th anniversary of judicial review in Ohio, Supreme Court of Ohio Justice Maureen O’Connor spoke of the 19th century Supreme Court case that sparked the birth of this concept.
She noted that in an 1807 case, Rutherford v. M’Faddon, Supreme Court Judges Samuel Huntington and George Tod held that courts have the authority to judge the constitutionality of laws. They ruled that a section of an 1805 statute passed by the Ohio General Assembly that defined the duties of justices of the peace and constables in criminal and civil cases was unconstitutional.
A year later, Calvin Pease, the presiding judge of the Third Judicial Circuit, came to similar conclusion about judicial review in E. Wadsworth v. Solomon Braynard, Trumbull County Court of Common Pleas.
Members of the Ohio House of Representatives were so incensed by the rulings that they brought impeachment charges against Tod and Pease on Dec. 24, 1808. Both men escaped removal by one vote in the Senate on Jan. 20, 1809.
“These judges helped establish the principle of judicial review,” Justice O’Connor said. “Our system of checks and balances and the separation of powers as it relates to judicial review remains just as important today as it was 200 years ago.”
Sponsored by the Vorys Appellate Group of Vorys, Sater, Seymour and Pease LLP, the Statehouse event also included presentations on the historical context of judicial review in Ohio, judicial deference to legislative statements of intent, en banc proceedings in Ohio appellate courts, the use of extraordinary writs to resolve conflicts in state government, and standards of appellate review.
As the sixth woman and 148th Justice to serve on the Supreme Court, Justice O’Connor was elected in 2002 and re-elected in 2008. She has experience as a practicing attorney, magistrate, common pleas judge, and prosecuting attorney. In 1998, she was elected as lieutenant governor and was the governor’s chief advisor on criminal justice issues, serving as director of the Ohio Department of Public Safety, and as chair of Ohio’s Security Task Force and the State Building Security Review Committee.
For a high resolution, publication-quality photo of Justice O'Connor, please visit: http://www.supremecourt.ohio.gov/PIO/news/images/justices/oconnor_highres.zip.
Contact: Chris Davey or Bret Crow at 614.387.9250.